1 2025:CGHC:20492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1259 of 2025 Sunil Sahu @ Chotu S/o Shri Nandu Sahu Aged About 30 Years R/o Road No. 01 Dubey Building Kasaridih Chauk Padmanabhpur Tehsil District Durg Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Civil Line Raipur District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05.05.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 36/2025 registered at Police Station : Civil Line Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 352, 353(1)(b), 353(2) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, in brief, the complainant, Amit Chimnani, lodged an FIR at Civil Line Police Station, alleging that ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.06 11:47:56 +0530 2 the applicant used abusive language against the Chief Minister of Chhattisgarh via an Instagram ID, intending to tarnish the government's image. Consequently, an offense was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that no mobile phone or other evidence was recovered from the applicant that could connect him to the offence. He also submits that the applicant did not upload any content on social media, and he was arrested in the present case based on a false presumption. He also submits that applicant has no criminal antecedents and he is in jail since 19.01.2025, conclusion of the trial may take some time, therefore, he prays for grant regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the present applicant has no criminal antecedents, also considering the fact that the charge- sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 3 19.01.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Sunil Sahu @ Chotu, involved in Crime No. 36/2025 registered at Police Station : Civil Line Raipur, District Raipur (C.G.) for the offence punishable under Sections 296, 352, 353(1)(b), 353(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on 4 the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek